LOCKPORT - A judge ordered a Niagara Falls man accused of shooting a man during a robbery to be released Thursday from the county jail after his trial has been delayed for three months because a police witness was not available.
Donald Dolson, charged with shooting a man in the arm, was released on his own recognizance on the order of County Judge Matthew J. Murphy III.
Assistant District Attorney Claudette S. Caldwell said a police officer who investigated the case is having medical problems and won't be able come to court for a substantial period of time.
Assistant Public Defender David E. Blackley contended that the prosecution case is weak because the victim of the Jan. 25 shotgun shooting, shown a group of six mug shots that included Dolson's photo, identified someone else as the shooter. Blackley also contended that DNA tests fail to place Dolson at the crime scene.
Murphy rescheduled the trial to Feb. 6 and ordered Dolson, 23, of Linwood Avenue, to avoid all contact with the victim.